Tenancy 6 Child Care Centre
84. Landscaping
Landscaping of the site shall be carried out prior to issue of any Occupation Certificate or Subdivision Certificate, whichever comes first. The landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager – Environment and Health. Landscaping is to be maintained at all times in accordance with DCP Part C, Section 3 – Landscaping and the approved landscape plan.
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PAGE 66 APPENDIX A
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PAGE 71 APPENDIX B
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PAGE 73 ATTACHMENTS
1. Locality Plan 2. Aerial Photograph 3. LEP Zoning Map
4. LEP Minimum Lot Size Map
5. LEP Maximum Building Height Map 6. Plan of Subdivision
7. Site/ Building Envelope Plan 8. Aerial Perspectives
9. Subdivision Works Concept Plan 10. Indicative Layout Plan (Extract)
11. Previously Approved Subdivision DA 1755/2016/ZB
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PAGE 74 ATTACHMENT 1 – LOCALITY PLAN
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PAGE 75 ATTACHMENT 2 – AERIAL PHOTOGRAPH
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PAGE 76 ATTACHMENT 3 – LEP ZONING MAP
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PAGE 77 ATTACHMENT 4 – LEP MINIMUM LOT SIZE MAP
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PAGE 78 ATTACHMENT 5 – LEP MAXIMUM BUILDING HEIGHT MAP
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PAGE 79 ATTACHMENT 6 – PLAN OF SUBDIVISION
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PAGE 80 ATTACHMENT 7 – SITE/ BUILDING ENVELOPE PLAN
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PAGE 81 ATTACHMENT 8 – AERIAL PERSPECTIVES
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PAGE 82 ATTACHMENT 9 – SUBDIVISION WORKS CONCEPT PLAN
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PAGE 83 ATTACHMENT 10 – INDICATIVE LAYOUT PLAN (EXTRACT)
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PAGE 84 ATTACHMENT 11 - PREVIOUSLY APPROVED SUBDIVISION DA 1755/2016/ZB
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PAGE 85 ITEM-4 DA 582/2017/LA/A - SECTION 8.2 - REVIEW OF DETERMINATION OF DA 582/2017/LA FOR ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING AND ASSOCIATED WORKS - LOT 3 DP 243720, NO. 8 LUKAS AVENUE KENTHURST
THEME: Shaping Growth
OUTCOME: 7 Our Community infrastructure is attractive, safe and well maintained.
STRATEGY:
7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 4 JUNE 2019
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
JAMES GIBBESON
RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE
Applicant R. Elrahi
Owner R. Elrahi
Notification 14 days
Number Advised Seven Number of Submissions One
Zoning R2 Low Density Residential
Site Area 765m2
List of all relevant s4.15(1)(a) matters
Section 4.15 (EP&A Act) – Satisfactory Section 8.2 (EP&A Act) - Satisfactory LEP 2012 – Satisfactory
DCP 2012 Part B Section 2 – Variation, see report.
Section 7.12 Contribution: N/A Political Donation None Disclosed
Reason for Referral to DAU Review of Determination Recommendation Approval subject to conditions
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PAGE 86 EXECUTIVE SUMMARY
The proposal is for a Review of Determination for a Development Application for alterations and additions to an existing dwelling which was refused under Delegated Authority on 21 March 2018. The Development Application was refused on the basis that sufficient information was not submitted to demonstrate compliance with DCP Part B Section 2 despite requests being made for additional information.
The proposed development includes a variation to the building setback for battle-axe allotments. The DCP requires dwellings to be set back a minimum distance of 4m to three sides of the lot. The proposed dwelling includes two setbacks which are greater than 4m, with two sides of the dwelling incorporating a setback less than 4m from the dwelling to the boundary. There is a pre-existing encroachment to the 4m control from the dwelling to the western and southern boundary. However, the proposal seeks an additional reduction from the building line to western boundary (to a minimum 1.535 metre setback). Although the building setback to the southern boundary encroaches within 4m, there is no proposed amendment to the dwelling line with the pre-existing encroachment to remain.
The variation is considered to be satisfactory given the orientation of the existing dwelling on site. The proposed variation will not result in an unreasonable impact on amenity to adjoining property owners in regard to overshadowing, privacy or bulk and scale impacts.
The application was notified to adjoining property owners and one submission was received.
The issues raised primarily relate to the impact on the right-of-carriageway during construction works, fencing, location of the proposed sediment fence and location of a bin enclosure.
The application is recommended for approval subject to conditions.
BACKGROUND
On 21 March 2018 a Development Application (DA 582/2017/LA) for alterations and additions to an existing dwelling, detached garage and turning circle was refused under Delegated Authority. The applicant had been requested to provide additional information in accordance with Clause 54 of the Environmental Planning and Assessment Regulations on a number of occasions and failed to adequately address and provide the required outstanding information. As a result, the subject development application was subsequently refused in accordance with Section 4.15(1)(a)(b) of the EP&A 1979 for a lack of information provided.
The subject Section 8.2 Review of Determination for the review of Development Application was lodged on 13 July 2018. The applicant provided amended plans with the application which included the removal of the detached garage and turning circle from the proposal.
On 8 August 2018, a letter was sent to the applicant requesting the submission of additional information to address tree management, landscaping inconsistencies, BASIX requirements, cut and fill and setback DCP non-compliances. Additional information was provided by the applicant on 21 September 2018.
Additional information was further requested and provided on two further occasions in relation to the issues previously raised not being adequately satisfied. A final fourteen day letter was provided to the applicant on the 25 March 2019, with amended plans provided on the 30 April 2019.
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PAGE 87 PROPOSAL
The Development Application is for the alterations and additions to an existing single storey dwelling located on a battle-axe allotment. The proposal includes an addition to the living area to the north, extension of the bathroom and laundry to the west and the extension of a second bedroom to the east of the dwelling. Further works include the re-grading and extension of the paved driveway area forward of the existing dwelling with retaining walls to be constructed along the edge of the driveway. Four trees are proposed to be removed from the site to facilitate the additions to the dwelling and paving works.
The proposed alterations and additions will incorporate materials matching the existing dwelling which includes brick veneer and a pitched tiled roof.
ISSUES FOR CONSIDERATION
1. Compliance with Environmental Planning and Assessment Act, 1979 a. Section 8.2 of the EP&A Act
Section 8.2 of the Environmental Planning and Assessment Act, 1979 allows an applicant to request a review of determination within six (6) months from the determination date. Any review must be made by a delegate of Council who is not subordinate to the delegate who made the decision. In this instance, as the original determination was made by delegations by a Development Assessment Co-ordinator, therefore the Section 8.2 review is referred to the Development Assessment Unit for consideration and determination.
b. Reasons for Refusal
On 21 March 2018 the original application was refused under Delegated Authority for the following reasons.
i. The applicant did not submit sufficient information in relation to retaining walls indicating appropriate levels required to assess environmental impacts resulting from the extent of cut and fill despite a request being made in accordance with Clause 54 of the Environmental Planning and Assessment Regulation 2000. As such, the proposal was considered unsatisfactory on the grounds of insufficient information.
(Environmental Planning and Assessment Act 1979, Section 4.15C(1)(a)(iv)).
ii. The applicant did not submit sufficient information in relation to an arborist report demonstrating impacts on trees on site and neighboring properties despite a request being made in accordance with Clause 54 of the Environmental Planning and Assessment Regulation 2000. As such, the proposal was considered unsatisfactory on the grounds of insufficient information.
(Environmental Planning and Assessment Act 1979, Section 4.15(1)(a)(iv)).
iii. Given that inadequate information had been submitted, compliance with DCP Part B Section 2 – Residential had not been demonstrated in relation to Cut & Fill.
(Environmental Planning and Assessment Act 1979, Section 4.15(1)(a)(iii)).
iv. Given that inadequate information had been submitted, it was not possible to determine the likely environmental impacts from the proposal were satisfactory.
(Environmental Planning & Assessment Act, 1979, Section 4.15(1)(b)).
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PAGE 88 The matters raised in the reasons for refusal have subsequently been addressed by the application through the subject Section 8.2 review application. The applicant has provided amended information which addresses all relevant requirements including DCP compliance, impact on trees, cut and fill and amenity.